Post-Nuptial Agreements

Post-Nuptial Agreements

Most of us have heard of prenuptial agreements, but there is typically less awareness about post-nuptial agreements. For couples that have already gotten married and did not have a prenuptial agreement, a postnuptial agreement can be an option to consider. Postnuptial agreements are similar to prenuptial agreements in that they both provide financial security and stability in a legal contract that both parties agree to voluntarily, the main difference is that post-marital agreements are for couples that have already taken their vows.

A postnuptial agreement can address a couple’s financial matters, with plain language that dictates how assets will be divided if they later decide to get divorced, or in the event of the death of either or both parties. Couples choose to develop a postnuptial agreement for a variety of reasons, and even if you think you may never need it, speaking with a postnuptial agreement attorney for a professional analysis of your situation.

We conduct a thorough interview and analysis and help you develop a post-nuptial agreement that addresses all your concerns.

Our Chicago family attorneys are experienced with helping you develop a post-nuptial agreement that is fair and equitable to both parties.

Post-Nuptial Agreements: Is it Right for You?

There are several reasons why a couple may opt for a postnuptial agreement, although protecting property and assets is the most common driving force. More couples are seeking postnuptial agreements for several reasons which may include:

The disproportion of wealth – If there is a substantial disproportion of wealth between the two parties, they may wish to develop a plan for how property and assets would be divided in the event of divorce.

Children from a prior marriage – When one or both spouses have children from a prior marriage or relationship, they can protect their child’s right to their estate in the event of their death or divorce. Depending on the situation and how other contracts and beneficiary forms are completed, a widow or ex-spouse may have the right to claim property and assets you intended to leave to your children. Speak with a postnuptial agreement attorney to protect your children from unintended consequences of your marriage.

Medical or health problems – when one spouse is experiencing serious health issues, the couple may become concerned about estate planning and division of assets and property.

Infidelity – if one spouse has exhibited a lack of commitment to the marriage with behavior such as infidelity, the couple may be wondering what will happen if their marriage ends in divorce. Postnuptial agreements could also be used to outline a better financial outcome for the spouse who was wronged in a divorce due to infidelity.

Witnessing a contentious divorce – couples may wish to explore postnuptial agreements after witnessing a hostile and highly contentious divorce. If a friend, acquaintance, or loved one experiences the stress of an antagonistic, lengthy, and costly divorce couples may choose to prevent a similar experience by settling any differences now.

Tax implications – if tax implications have been discovered that were not considered previously, the couple may choose to explore a postnuptial agreement to maximize tax savings. If you have acquired assets and properties, you should speak with a postnuptial agreement attorney to learn your options. There are tax laws which allow married couples to transfer property tax-free if the transfer is deemed as a gift.

Future inheritances or family-owned businesses – if you’re part of a family-owned business, or expect to receive future inheritances, post-nuptial agreements can be helpful in protecting the family business and your inheritances.

As you can see, there are several valid reasons to explore the benefits provided through post-marital agreements. Keep in mind that these agreements are not designed for couples who are already considering divorce. If designed and implemented properly, post-nuptial agreements allow for couples to continue in their marriage while alleviating unresolved issues or burdens caused by “what-if” scenarios regarding future allocation of assets and properties.

Benefits of Post-Nuptial Agreements

Less costly and uncomplicated divorce – One of the greatest advantages is that if the marriage does end in divorce, having this legal agreement in place would reduce financial burden, emotional stress, and facilitate an uncomplicated and uncontested divorce.

Estate planning provides peace of mind – in the event of the untimely death of one spouse, there is no quibbling or bickering among the survivors and you can rest assured that your children or family members will be provided for according to your wishes.

Reduces stress in the marriage – a properly drafted post nuptial agreement will reduce stress in the marriage as both parties are aware and in full agreement of the provisions.

The court has the authority to throw out a post-nuptial agreement that is believed to be unfair or if your spouse did not understand the agreement completely. Working with a respected post-nuptial agreement attorney will ensure that both provisions are met.

What if My Spouse is Suggesting a Postnuptial Agreement?

If your spouse is suggesting a post-nuptial agreement, be sure to contact us for a thorough consultation. Post-marital agreements should not be taken lightly as it is a legally binding contract. If you’re spouse has presented you with one to sign or would like ot have one drafted, it is important that you hire a separate attorney to ensure you are protected..

Post-Nuptial Agreement Attorney

No one goes into a marriage thinking that it will end in divorce, but if you do not take preparations to protect your property, assets and your children’s future, no one else will. A skilled postnuptial agreement family law attorney will guide you through the process and explain all your rights and options.

Anderson & Boback know what it takes to develop post nuptial agreements that are fair and equitable, that protect the estates of both parties and any involved children and will stand up in court.

Anderson & Boback are Chicago attorneys skilled in all aspects of Illinois family law. We help you to evaluate your situation, providing guidance so that you can make decisions to protect yourself, your family and your future. Contact us today to learn more about post-nuptial agreements..

Meet Our Attorneys

When you need trusted family law counsel and compassionate representation, you can turn to the Law Offices of Anderson & Boback. Our Chicago divorce and family law attorneys bring decades of experience fighting for every client. Included in SuperLawyers and ranked among the top 5% of attorneys. We offer exceptional representation to help you move your life forward.

Download our Divorce Planning Guide today!

What Our clients are saying

Excellent - I highly recommend Kimberly Anderson. She is knowledgeable, assertive, and experienced. What impressed me most about Kim is her dedication. I was able to reach her whenever there was a problem. She always responded immediately, proposed a solution, and put me at ease. The entire legal team at Anderson & Boback is superb.

LisaMarch 29, 2018

Amazing – Mrs. Boback was great, the best decision that I have ever made. Her advice and expertise in my court case was unbelievable, she took care of all my needs and was understanding when helping me deal with a tough time. I would highly recommend her to anyone that is looking for a great lawyer.

JakeMarch 29, 2018

Military Friendly – Jessica was very helpful in taking care of my cases and understood the complications related to my military career. Even when I went out of state for my job she always kept me informed and up to date. Her knowledge of the court system was advantageous in settling my cases in a short amount of time.

RodrigoMarch 26, 2018

Excellent Representation by a Top Professional - I hired Kim to handle a post-divorce modification. Thanks to Kim's no-nonsense approach, caring attitude, experience and dedication to her clients. The process was as swift and efficient as possible. Kim and her staff were attentive and responsive, I highly recommend her and her staff.

BCMarch 23, 2018

She’s a Winner – Nichol was the calmest person in the courtroom; she was very natural and at ease. Nichol can think on her feet and communicate effectively while under pressure. Our opposing attorney was a bully and very dramatic, but Nichol never flinched. She is very compassionate, too, and I hope she never loses that.

RitaMarch 23, 2018

Amazing Divorce Lawyer – Listened to my concerns. Advocated on my behalf and ultimately helped me win custody of my son. As a father it is nearly impossible to win custody. Straight forward, honest, and impeccable character. Would never want her to be opposing counsel. She’s intelligent and is very committed to her clients. I can’t say enough good things about Jessica.

DerekMarch 23, 2018

Referred by friend, very glad she did – I had been through 2 previous attorneys in my case that was approaching 3 years. I left both who were dumbfounded and ill-equipped to provide effective legal strategy and forward thinking. Thank God a good friend referred me to Jan who gave me confidence, stuck to our strategy, executed a direct game plan and came out of a difficult situation with multiple victories. Definitely a must hire for you in your most difficult situations.

MattMarch 23, 2018

Why Choose Anderson & Boback ?

Schedule a Discreet Consultation Today!

firm overview Anderson & Boback

Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870